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Facts The defendant was accused of raping a victim outside of a nightclub. After his arrest, the defendant informed the custody officer that he was HIV positive, and had not told the victim of this prior to them having intercourse.

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Judgment delivered 27 June 1997 . On 10 March this year the applicant, who was born on 10 April 1981 and so is a child as defined in s.5 of the Juvenile Justice Act 1992, came before the Southport District Court on two counts of stealing from the person (counts 1 and 2), one count of robbery (count 3), and two counts of robbery with personal violence (counts 4 and 5).

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R v B, [42] (Lord Judge CJ) ' [T]he witness need not understand every single question or give a readily understood answer to every question.' R v B, [38] (Lord Judge CJ) 'Advocates must adapt to the witness, not the other way round.

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This provision means that transsexual women can be raped vaginally, but also means that transsexual men are able to commit the offence. The limitation on penetration with a penis means that a woman, even if she forces a man to have sexual intercourse with her, can never be guilty of rape.

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In R v B, it was already said that consent regarding HIV-positive partners was a debate for beyond the courts of law, due to its social and public policy implications. 63 Yet more than a decade later in Lawrance, it was echoed once more that 'debate as a matter of social and public policy' was required on these issues. 64.

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R v B Court of Appeal Citations: [2013] EWCA Crim 3; [2013] 1 Cr App R 36. Facts The defendant suffered from paranoid schizophrenia. His disorder gave him delusions that he had the ability to heal people through sex. He had sex with the complainant without her consent while suffering from one of these delusions.….

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R v B Court of Appeal Citations: [2006] EWCA Crim 2945; [2007] 1 WLR 1567. Facts The defendant and the complainant had sex. The defendant was aware that he was HIV positive at the time, but did not inform the complainant. He told police that the complainant had consented to sex. However, the complainant said that he had attacked and raped her.

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On 21 January 2003 Mr B pleaded guilty in the Brisbane District Court to a charge on an indictment alleging that between the 1st day of May 2001, and the 16th day of June 2001, he had had that motor vehicle in his possession without the consent of the person in lawful possession of it, with intent to permanently deprive its owner of the use and.

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Acknowledgement of Country. The National Library of Australia acknowledges Australia's First Nations Peoples - the First Australians - as the Traditional Owners and Custodians of this land and gives respect to the Elders - past and present - and through them to all Australian Aboriginal and Torres Strait Islander people.

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Section 293 (now s 294CB) was designed to exclude, to a significant degree, cross-examination of a complainant's sexual activity or experience with only limited exceptions: Jackmain v R at [15]. Its purpose is to protect sexual assault complainants and prevent embarrassing and humiliating cross-examination of a complainant about their past.

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R v B [2013] EWCA Crim 3 - Case Summary R v B [2013] EWCA Crim 3 by Lawprof Team In shop: Premium 1st class Oxford criminal law notes Criminal law has never been this simple Go to shop Key point The test for reasonable belief in consent under the Sexual Offences Act is objective and mental illness of the defendant should not be taken into account

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For example, reference was made to B v. R (1958) 44 Cr.App.R., an English case, in which speaking of an accused between the ages of 8 and 14 it was said that in order to rebut the presumption in favour of such a child "guilty knowledge must be proved and the evidence to that effect must be clear and beyond all possibility of doubt". It is plain.